Trade Marks – What Are They All About?

In today's world, unless you are living in the middle of the Sahara Desert or somewhere equally remote, it is impossible to avoid trade marks. For most of us, whether we realise it or not, exposure to trade marks is pretty much continual from the moment we get up in the morning to the moment we go to bed. So what do I mean by 'trade mark'? In a nutshell, a trade mark is [...]

When Is A Descriptive Mark Not A Descriptive Mark?

This was the issue before the New Zealand Supreme Court of Appeal in the matter between Dinnermates (Tvl) CC and Piquante Brands International & another 401/17) [2018] ZASCA 43 (28 March 2018). The matter was an appeal against the decision of the Full Court upholding an opposition in terms of section 10(14) of the Trade Marks Act 194 of 1993 ("the Act") to the registration of the Appellant's trade mark applications for the mark PEPPAMATES in [...]

India: License Of Rights In Patents

'License of Rights' seems a good option for Patentees, who are seeking to license their patents, but do not have resources and time for commercialization of Patents yet want to benefit from their Patents. Although other countries have provision for 'License of Rights' in Patents, India does not have this provision in Patent Law. License of Right Proposal means the patent proprietor can request for making an entry in the Register of Patents maintained [...]
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